Comments on: 8th District Roundup

By: Peter Sackett

Peter Sackett — Sun, 11 Jan 2009 12:37:41 +0000

You are 100% correct.
It clearly takes some time to understand…..but experienced attorneys know when to keep their mouths shut!

By: Russ Bensing

Russ Bensing — Thu, 08 Jan 2009 19:24:51 +0000

I probably would have done what you did. In fact, I have; I’ve had situations where I knew the client was on some sort of psychotropic medication, and not only did I tell the judge, I put it on the record. It doesn’t do the client good to have the plea screwed so it gets vacated, just to come back and do it again.

That would arguably also go for a failure to advise the defendant of one of his constitutional rights. But PRC’s in a different category; if the judge doesn’t impose it, the APA can’t, either. I think there your obligation to the client is to keep your mouth shut, if the judge screws up.

By: Peter Sackett

Peter Sackett — Thu, 08 Jan 2009 19:06:25 +0000

Simple: Judge Chase NEVER gets reversed. Plus, he understood what I was doing. I advised my client what I was going to do and explained why – he understood 100%.
Under these circumstances, what would you have done?
Knowing this judge, in my opinion, it was 100% the right thing to do.
PAS.

By: Russ Bensing

Russ Bensing — Tue, 06 Jan 2009 14:06:12 +0000

To play Devil’s advocate for a minute, why? It would be one thing if you believed that whatever the client was taking precluded his ability to competently enter a plea, but you obviously didn’t believe that. Assume this was a felony plea, and the court didn’t properly impose PRC. Would it be the “right” thing to do to bring that to the judge’s attention, keeping in mind that if PRC isn’t properly imposed before the defendant completes his sentence, the error can’t be corrected?

I’m not saying that you were wrong, I’m merely saying that what is the “right” thing and what is in the client’s best interest may be two different things.

By: Peter Sackett

Peter Sackett — Tue, 06 Jan 2009 13:22:54 +0000

Judge chase. Medina Muni. I had an M1 Vehicular Homicide – minor misdemeanor traffic causing death. My client is the driver and his passenger is killed. My client is also injured. Time of plea – Judge does not inquire whether my client is under the influence of any rx, etc. I know he is.
I don’t believe it affected his answers to the questions…..I immediately asked the judge for a side bar. I advised him of my concerns.
He called my client back up and asked further questions.
It was the right thing to do.
PAS.